Podcasts about dispute settlement

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Best podcasts about dispute settlement

Latest podcast episodes about dispute settlement

International Law Behind the Headlines
Episode 53 - The WTO in the Second Trump Administration

International Law Behind the Headlines

Play Episode Listen Later Feb 12, 2025 30:23


This episode considers the implications of a second Trump administration for international law and policy in the United States and explores the future of the World Trade Organization (WTO). Catherine speaks with Amy Porges, a long-time practitioner of international trade law who participated in drafting the WTO agreements, and later represented the United States before the WTO as Senior Counsel for Dispute Settlement and head of enforcement at the Office of the U.S. Trade Representative. This episode examines the history of the WTO and the United States's relationship with the organization, including considering the potential approach of the Trump administration to tariffs.

Business daily
Why is the WTO's dispute settlement system in crisis?

Business daily

Play Episode Listen Later Feb 4, 2025 5:18


After Donald Trump's 10 percent tariff against all Chinese imports took effect, China immediately hit back with a raft of targeted measures and said it would file a complaint with the World Trade Organization. That's not likely to go anywhere, however, as the WTO's dispute settlement system has been in crisis with its appellate body paralysed for years. Plus, Honda is now reportedly eyeing making Nissan a subsidiary, rather than merging under a holding company. 

Connections with Evan Dawson
How to strengthen your “dialogue muscles”

Connections with Evan Dawson

Play Episode Listen Later Oct 28, 2024 51:33


In the first hour of "Connections with Evan Dawson" on Oct. 28, 2024, guests from the Center for Dispute Settlement discuss how to better communicate with those who do not share your political views.

WITcast
WITcast - WTO series: Dispute Settlement Reform in Focus with Prof. Peter van den Bossche and Minister Erika Watanabe

WITcast

Play Episode Listen Later Oct 22, 2024 23:20


Continuing our special series in partnership with the World Trade Institute to celebrate the 30th anniversary of the WTO, this episode brings an essential discussion on the reform of the Dispute Settlement Body. We are joined by two prominent experts: Professor Peter van den Bossche and Minister-Counselor Erika Watanabe. This is the second of three episodes exploring recent developments within the WTO. In the first episode, we covered the historical context and the creation of the organization, and in the next, we will focus on the future of the WTO and potential pathways forward. For more information, access Professor Peter van den Bossche's paper here: The Uncertain Future of WTO Dispute Settlement. Don't miss this episode and stay tuned for the upcoming ones! P.S.: We encountered a technical issue during the recording of this episode and apologize to our listeners. To ensure that Professor Peter's insights are not lost, we have kept the recording available and recommend reading the episode transcript on Spotify. CREDITSInterview: Milena AzevedoAudio-visual Editing: Marina Carvalho and Milena AzevedoGraphic Editing: Andrezza Fontoura and Lara Gurgel

The New Testament Baptist Church
Abraham/Lot's Dispute/Settlement

The New Testament Baptist Church

Play Episode Listen Later May 7, 2024 26:00


We are not invincible until we put on the WHOLE armour of God

The Daily Crunch – Spoken Edition
Google says it will pay $700M as a part of Play Store dispute settlement

The Daily Crunch – Spoken Edition

Play Episode Listen Later Dec 19, 2023 4:16


Google said today it will pay $700 million — $630 million to U.S. consumers and $70 to a fund used by U.S. states — in a settlement over Play Store reached in September. Learn more about your ad choices. Visit megaphone.fm/adchoices

Line on Agriculture
American Farm Bureau Federation on Biotech Corn Dispute Settlement Panel

Line on Agriculture

Play Episode Listen Later Aug 25, 2023


American Farm Bureau Federation Senior Director of Government Affairs, Dave Samuelson.

Two Minutes in Trade
Two Minutes in Trade - WTO Should Have a Dispute Settlement System in Place by 2024

Two Minutes in Trade

Play Episode Listen Later Jul 18, 2023 3:20


The US issued a non-position position paper on WTO dispute settlement reform. Listen to today's Two Minutes In Trade for more info.

BMitch & Finlay
Chelsea Janes On The Nats MASN Dispute Settlement

BMitch & Finlay

Play Episode Listen Later Jun 21, 2023 16:09


The Nationals and Orioles have reached a partial MASN dispute settlement

BMitch & Finlay
JP Attends Terry McLaurin's Charity Event & Chelsea Janes On The Nats MASN Dispute Settlement

BMitch & Finlay

Play Episode Listen Later Jun 21, 2023 39:27


Hour 1 - 00:00 - JP Attends Terry McLaurin's Charity Event 18:52 - Chelsea Janes On The Nats MASN Dispute Settlement 35:00 - Why Did The O's Settle?

Herbert Smith Freehills Podcasts
Emma And Rebekah Talk IP EP18: No deal! ACCC views on pharma patent dispute settlement

Herbert Smith Freehills Podcasts

Play Episode Listen Later Apr 14, 2023 17:43


In episode 18, Emma and Rebekah are joined by Patrick Gay, a Partner in Herbert Smith Freehills' Competition, Regulation & Trade team. Together they unpack the ACCC's 2022 draft determination which proposed to deny authorisation of a settlement and licence agreement that was intended to resolve an ongoing patent dispute in the Federal Court between Celgene and generic drug companies Juno and Natco. With Patrick's insights, Emma and Rebekah touch on the potential impacts of the draft determination on parties looking to settle IP disputes in the future.

Let's talk trade by WTO
Trade Goals: Rules and referees (S5 – Ep7)

Let's talk trade by WTO

Play Episode Listen Later Nov 25, 2022 35:35


Without rules and referees there would be no game. Each football match is policed by a cwho has full authority to enforce the law of the game. In multilateral trade, we have plenty of rules but no all-powerful referee to supervise them. The ultimate control on trade disputes remains with the WTO members themselves. In this episode of the Trade Goals podcast, Michael Roberts and Antonia Carzaniga look at how football and trade disputes arise and how they are resolved. We talked to:Philippe Senderos, Sporting Director of Servette FC, GenevaSean Cottrell, Founder and CEO of the sports law knowledge hub LawInSportCarol Etter, Swiss Attorney-At-Law specialised in sports law and board member of FC BaselClarisse Morgan, Director of the WTO Rules DivisionValerie Hughes, Senior Counsel with law firm Bennett Jones, former Director of the WTO Legal Affairs and Appellate Body Divisions Show notes A world-famous football referee with a degree in economicsPierluigi Collina (Wikipedia)Peruvian and Chilean Football Associations file appeals with Court of Arbitration for Sport (CAS)Media release by the Court of Arbitration for Sport (CAS) on 30 September 2022CAS ruling in the matter of the player Byron CastilloMedia release by the Court of Arbitration for Sport (CAS) on 8 November 2022Rules-based trade explained (video)Video "Let's Talk Rules-Based Trade"Learn more about the WTO dispute settlement mechanismThe WTO dispute settlement mechanism explainedUnderstanding the WTO: the agreementsOverview of WTO agreementsLaws of the Game 2021/2022Download link to the Laws of the Game 2021/2022 from the FIFA website

Magic's Rural Exchange Catchup
NZ initiates dispute settlement proceedings against Canadian dairy industry

Magic's Rural Exchange Catchup

Play Episode Listen Later May 15, 2022 13:53


Dairy Companies of NZ Chair Malcolm Bailey spoke to Rural Exchange’s Hamish McKay and Dominic George about what it means for New Zealand’s dairy industry.See omnystudio.com/listener for privacy information.See omnystudio.com/listener for privacy information.

Rural Today Catch Up
NZ initiates dispute settlement proceedings against Canadian dairy industry

Rural Today Catch Up

Play Episode Listen Later May 15, 2022 13:23


Dairy Companies of NZ Chair Malcolm Bailey spoke to Rural Exchange's Hamish McKay and Dominic George about what it means for New Zealand's dairy industry. See omnystudio.com/listener for privacy information.

Inspiring Radical Empathy

For our season finale, we welcome on Lynda and Clayton from the Center for Dispute Settlement. This five episode run was all about bringing you real stories from real people who experienced the power of restorative justice. These two come with a wealth of knowledge and examples of how this work can impact our greater communities. With restorative practices we can start to understand what it means to forgive, heal, and learn in community. 

projectsavetheworld's podcast
424 Rational Dispute Settlement

projectsavetheworld's podcast

Play Episode Listen Later Mar 17, 2022 59:52


Ernest Thiessen's Ph.D. thesis was a search for an algorithm with which to solve conflicts by seeking to maximize the preferences of all parties to the dispute. He found one independently, not knowing that John Nash had already solved the problem (and Nash won a Nobel prize for it). Now he has a company that provides a software that can be used to find the optimum solution to a dispute that is locked in a stalemate. He can always improve on the status quo, though in real life hardly ever achieve 100 percent satisfaction. For the video, audio podcast, transcripts and comments: https://tosavetheworld.ca/episode-424-rational-dispute-settlement . After watching and seeing some of his other videos, you may want to post to the comment column just below the video on our website.

VHIA Weekly Podcast
Episode 215 - Nurses & Midwives – Dispute Settlement – Implementation Series

VHIA Weekly Podcast

Play Episode Listen Later Mar 11, 2022 18:50


In Episode 215, no one enjoys a dispute. Nevertheless, it's an important part of industrial relations work, so join Stuart McCullough and Madeleine White as they stroll through the new dispute settlement provisions of the Nurses and Midwives Agreement.  Click here to view the video version of the podcast. Click here to sign up to the VHIA Yammer Network. For more information, visit the VHIA website. See omnystudio.com/listener for privacy information.

Mitchell's Front Page
David Leonard from the Dispute Settlement Centre of Victoria

Mitchell's Front Page

Play Episode Listen Later May 30, 2021 11:13


David Leonard is the Manager of Community Development at the Dispute Settlement Centre of Victoria, and he talked about steps people can take to resolve neighbourhood disputes without resorting to the courts. The post David Leonard from the Dispute Settlement Centre of Victoria appeared first on Mitchell's Front Page.

Eternal Elements-An AtyaasaaOnline Leadership Podcast

Season 8: WTO Dispute Settlement BodyWTO is member-driven and consensus-driven. It is a set of rules based on fundamental Principles. However, disputes arise which need to be settled amicably.  We study the Dispute Resolution Principles fundamental to WTO in this podcast. AtyaasaaOnline is an E-learning portal that people can preview and learn for free. You can also visit Niket Karajagi's body of knowledge on his Virtual Coaching Portal https://niketkarajagi.com.AtyaasaaOnline Tech-Enabled Borderless Organization Development Portal AtyaasaaOnline Tech-Enabled Borderless Organization Development Portal

Connections with Evan Dawson
Connections: Center for Dispute Settlement CEO, Shira May

Connections with Evan Dawson

Play Episode Listen Later Mar 24, 2021 51:52


The Center for Dispute Settlement has a new CEO. How will Shira May lead this organization that is designed to handle difficult disputes? The center works with students; teachers; neighbors; companies; and more. In the age of social media outrage, and public shaming, and police/community tensions, what can the center teach us about resolving our conflicts? Guests include: Shira May, new CEO for the Center for Dispute Settlement Lynda Bell, director of training and restorative initiatives for the Center for Dispute Settlement

Trade Matters
Revitalizing the WTO

Trade Matters

Play Episode Listen Later Oct 30, 2020


The world trading system is at a turning point, and the role of the World Trade Organization is at the center of the discussion. Clete Willems, Washington lawyer and former White House trade advisor, makes the case for reforming the WTO across all three of its pillars: negotiations, implementation and monitoring, and dispute settlement, and points to a critical alliance to move the system forward: the US and EU. Opinions expressed on Trade Matters are solely those of the guest or host and not the Yeutter Institute or the University of Nebraska-Lincoln. Show Notes: What Clete Willems has been reading lately: Geopolitical Alpha: An Investment Framework for Predicting the Future by Marko Papic Related reading and listening: Revitalizing the World Trade Organization by Clete Willems Why is there a Crisis at the World Trade Organization? Trade Matters Podcast, Episode 5

WITcast
WITcast - WTO Dispute Settlement - a Holistic Approach (Geneve Trade Week Debate)

WITcast

Play Episode Listen Later Oct 16, 2020 88:50


This episode replicates a discussion held on the Geneva Trade Week about the WTO Dispute Settlement (a Holistic Approach), with the experts Valeria Mendes Costa (First Secretary as the Brazilian Ministry of Foreign Affairs) and the international trade lawyers Jan Ives Remy (SRC), Amrita Bahri (ITAM), Marianna Karttunem (OECD) and Renata Amaral (founder of the WIT and Professor at the American University). www.womeninsidetrade.com

KBS WORLD Radio News
News(Top News : Seoul decides to resume dispute settlement proceedings at the World Trade Organization over Tokyo’s trade restrictions.) - 2020.06.02 PM5

KBS WORLD Radio News

Play Episode Listen Later Jun 2, 2020


Last updated : 2020.06.02 The latest news from home and abroad, with a close eye on Northeast Asia and the Korean Peninsula in particular

Audiovisual Library of International Law
Donald M. McRae on Varieties of International Dispute Settlement: From Litigation to Conciliation

Audiovisual Library of International Law

Play Episode Listen Later May 19, 2020 38:03


Donald M. McRae on Varieties of International Dispute Settlement: From Litigation to Conciliation

Harvard Fairbank Center for Chinese Studies
Sino-Russian Territorial Dispute Settlement, with Alexander Lukin and Olga Puzanova

Harvard Fairbank Center for Chinese Studies

Play Episode Listen Later May 8, 2020 59:00


Can Sino-Russian Territorial Dispute Settlement be an example for Russia and Japan? Speakers: Alexander Lukin and Olga Puzanova, Higher School of Economics, Moscow Alexander Lukin is Head of the Department of International Relations at National Research University Higher School of Economics, Director of the Center for East Asian and Shanghai Cooperation Organization Studies at Moscow State Institute of International Relations (MGIMO University) and Chair Professor in the School of Public Affairs at Zhejiang University (China). He received his first degree from MGIMO University in 1984, a doctorate in politics from Oxford University in 1997, a doctorate in history from Russian Diplomatic Academy in 2007 and a professional development degree in theology from St. Tikhon’s Orthodox University in 2013. He is the author of The Political Culture of the Russian Democrats (Oxford University Press, 2000), The Bear Watches the Dragon: Russia’s Perceptions of China and the Evolution of Russian-Chinese Relations since the Eighteenth Century (M.E.Sharpe, 2003), Grasping Russia with your Mind (with Pavel Lukin, Ves’ Mir, 2015, in Russian), Pivot to Asia: Russia’s Foreign Policy Enters the 21st Century (Vij Books India, 2016), China and Russia: The New Rapprochement (Polity, 2018), Russia: A Thorny Transition from Communism (Vij Books India, 2019), as well as numerous articles and policy papers on international relations, Russian and Chinese politics. Olga Puzanova is a Lecturer at the Department of International Relations and Researcher at the International Laboratory of World Order Studies and the New Regionalism at National Research University Higher School of Economics in Moscow. She received her bachelor degree in international journalism from Moscow State Institute of International Relations (MGIMO University), M.Phil in Japanese Studies from the University of Oxford and is now in the final stage of her D.Phil studies at the University of Oxford. She is the author of several articles on Japanese media, politics and Russian-Japanese relations, which were published in leading international journals, including “Russia’s Policy toward Japan and Regional Security in the Asia‐Pacific,” Asian Politics and Policy. 2019. Vol. 10. No. 4. P. 677-692 and “Japan’s Eurasian diplomacy: Successes and failures (1997-2017)”, Journal of Eurasian Studies. 2018. Vol. 9. No. 2. P. 134-142 (with Oleg Paramonov). She also serves as a contributor to country reports of The Asan Forum (South Korea). This event was recorded on Zoom as part of the Fairbank Center's Critical Issues Confronting China lecture series, hosted by Professor Ezra Vogel. The recording features the presentation, but not the Q&A.

Tradecraft Podcast
Ep. 33 - Dispute Settlement, Forum Shopping, and the Centrality of the WTO

Tradecraft Podcast

Play Episode Listen Later Dec 9, 2019 27:30


In Ep. 33, Marc argues that the case for the WTO is made stronger by the proliferation of preferential trade agreements with outside options for dispute settlement.

Public International Law Part III
Between Optimism and Pessimism: prospects for the conclusion of a new treaty on marine biodiversity on the high seas

Public International Law Part III

Play Episode Listen Later Nov 18, 2019 37:31


The United Nations is currently undertaking negotiations with a view to concluding an international legally binding instrument for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (the BBNJ Treaty). The BBNJ Treaty will be an implementing agreement under the United Nations Convention on the Law of the Sea. Although three of four planned negotiating sessions have been completed, it is clear that states are still a long way from reaching a final agreement. This paper will identify key areas of disagreement among states and situate the negotiations within structural challenges facing the law of the sea and international law. The prospects of states agreeing to a Treaty that is ambitious and effective will be assessed. Joanna Mossop is an Associate Professor at Victoria University of Wellington, New Zealand. Her research interests are in the law of the sea and international environmental law and she has published widely on issues such as marine biodiversity, dispute settlement, maritime security, Antarctica, and whaling. Her book, The Continental Shelf Beyond 200 Nautical Miles: Rights and Responsibilities (Oxford University Press) won the JF Northey Memorial Book Award in 2017. She is a member of the New Zealand delegation to the Intergovernmental Conference negotiating the BBNJ Treaty and is working on several writing projects connected to the process. In 2019 New Zealand nominated her to the list of arbitrators and conciliators under Annexes V and VII of the United Nations Convention on the Law of the Sea. She is a member of the Council of the Australia New Zealand Society of International Law. She is a MacCormick Fellow at the University of Edinburgh (until January 2020).

AfricArbitration
The AfCFTA: Trade, Dispute Settlement & Arbitration

AfricArbitration

Play Episode Listen Later Jun 18, 2019


In Episode 2 of this season we are talking African Continental Free Trade Area (AfCFTA) agreement which came into force on the 30th of May! I speak with Dr. Joy Kategekwa  as she provides a bird’s eye view of the intricacies of trade, commerce, disputes and arbitration in relation to the AfCFTA and the existing Regional Economic Communities (RECs) in Africa. It’s a complicated space but her invaluable insight helps!  Guest: Dr. Joy Kategekwa, Head of UNCTAD Regional Office for Africa in Ethiopia Music: Ellias Fullmore; Editing: Leyou Tameru, Tinsae Teferi; Host: Leyou Tameru

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Yu Jie

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 12:42


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop:The Future of Multilateralism - Workshop Introduction

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 13:02


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel III - Tomohiro Mikanagi

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 23:27


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel III - Professor Catherine Barnard

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 23:18


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel III - Dr Zachary Vermeer

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 25:00


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel III - Dr Phillipa Webb

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 17:11


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Yuka Kobayashi

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 31:16


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Ian Park

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 27:57


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel I - Edward Swaine & Harold Koh (concluding remarks)

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 47:37


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel I - Dr Phillipa Webb

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 15:14


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel I - Dr Michael Waibel

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 15:23


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel I - Dr Phillipa Webb

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 15:14


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop:The Future of Multilateralism - Workshop Introduction

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 13:02


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel III - Professor Catherine Barnard

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 23:18


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel III - Dr Zachary Vermeer

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 25:00


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel III - Tomohiro Mikanagi

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 23:27


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel III - Dr Phillipa Webb

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 17:11


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Yuka Kobayashi

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 31:16


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Yu Jie

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 12:42


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Ian Park

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 27:57


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel I - Edward Swaine & Harold Koh (concluding remarks)

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 47:37


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series
International LCIL Workshop: The Future of Multilateralism: Panel I - Dr Michael Waibel

LCIL International Law Seminar Series

Play Episode Listen Later May 3, 2019 15:23


Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

Trade Talks
60: America May Be Doing Away with WTO Dispute Settlement

Trade Talks

Play Episode Listen Later Oct 29, 2018


Keynes and Bown talk with former WTO Appellate Body member Jennifer Hillman (Georgetown Law) about WTO dispute settlement. They describe the procedural, philosophical, and judicial complaints the United States has with the current way of addressing...

Trade Talks
60: America May Be Doing Away with WTO Dispute Settlement

Trade Talks

Play Episode Listen Later Oct 29, 2018


Keynes and Bown talk with former WTO Appellate Body member Jennifer Hillman (Georgetown Law) about WTO dispute settlement. They describe the procedural, philosophical, and judicial complaints the United States has with the current way of addressing...

Trade Talks
60: America May Be Doing Away with WTO Dispute Settlement

Trade Talks

Play Episode Listen Later Oct 29, 2018


Keynes and Bown talk with former WTO Appellate Body member Jennifer Hillman (Georgetown Law) about WTO dispute settlement. They describe the procedural, philosophical, and judicial complaints the United States has with the current way of addressing...

Asia's Developing Future
Steel trade war threatens to bring back “dark ages” in world commerce

Asia's Developing Future

Play Episode Listen Later Aug 2, 2018 3:44


A brewing trade war over steel is threatening to bring the world back to the economic “dark ages” when countries used trade curbs to retaliate politically against rival governments. The World Trade Organization and its members must find ways to ease tensions between rival countries and look for innovative ways to ensure global trade rules remain relevant and adaptive to the challenges of the present and the future. It may mean revisiting the WTO and the role it can play in trade governance. One of the reasons the WTO was formed was to make sure global trade is balanced and fair by isolating international trade from government intervention. Revisiting the WTO has become urgent in the wake of US President Donald Trump's decision to slap tariffs on steel imports to protect the United States' national interest, which is purportedly endangered by dependence on imported steel. The US acted before the WTO could consider its complaints of dumping, and the European Union and the People's Republic of China are considering retaliatory tariffs. Read the transcript https://bit.ly/2v5Z5nZ Read the blog https://www.asiapathways-adbi.org/2018/04/impact-of-retaliatory-trade-enforcement-actions-on-the-world-trade-organization-and-trade-governance/ About the author Soo-hyun Lee is a research associate of International Law and Dispute Settlement at the Asian Institute of Policy Studies in Seoul, Republic of Korea. Know more about ADBI's work on trade https://bit.ly/2mZ5tsQ https://bit.ly/2ytVl1X

Audiovisual Library of International Law
Peter Van den Bossche on the WTO Dispute Settlement System

Audiovisual Library of International Law

Play Episode Listen Later Jun 21, 2018 88:47


Peter Van den Bossche on the WTO Dispute Settlement System

Audiovisual Library of International Law
Giorgio Sacerdoti on the WTO Dispute Settlement System

Audiovisual Library of International Law

Play Episode Listen Later Mar 23, 2018 51:12


Giorgio Sacerdoti on the WTO Dispute Settlement System

Audiovisual Library of International Law
Sir Geoffrey Palmer on International Dispute Settlement

Audiovisual Library of International Law

Play Episode Listen Later Mar 1, 2018 47:23


Sir Geoffrey Palmer on International Dispute Settlement

Cato Event Podcast
Renegotiating NAFTA: Prospects and Challenges: Dispute Settlement

Cato Event Podcast

Play Episode Listen Later Oct 30, 2017 82:12


The North American Free Trade Agreement (NAFTA) is currently being renegotiated by the United States, Canada, and Mexico. On the campaign trail, President Donald Trump promised to get a better deal, or walk away entirely from NAFTA if necessary. Amidst the air of uncertainty surrounding the talks, a productive discussion surrounding the prospects and challenges to modernizing NAFTA has emerged. Though NAFTA was a cutting–edge trade deal in 1994, international trade has transformed significantly since then, most notably with the advent of the digital economy. This full–day conference explores both the politics and reality of the NAFTA negotiations, and puts forward ideas for what a modern NAFTA could look like. SESSION V: BREAKOUT SESSIONS Dispute SettlementJennifer Hillman, Georgetown University Law CenterJohn Magnus, TradeWinsMike Smart, Rock Creek AdvisorsModerator: Simon Lester, Trade Policy Analyst, Herbert A. Stiefel Center for Trade Policy Studies, Cato Institute See acast.com/privacy for privacy and opt-out information.

Audiovisual Library of International Law
Julio Lacarte Muró on the Appellate Body and the WTO Dispute Settlement System

Audiovisual Library of International Law

Play Episode Listen Later Aug 29, 2017 35:46


Julio Lacarte Muró on the Appellate Body and the WTO Dispute Settlement System

The CGAI Podcast Network
NAFTA Renegotiation: A Need For Dispute Settlement Mechanisms?

The CGAI Podcast Network

Play Episode Listen Later Aug 22, 2017 33:33


On today's 'Global Exchange' Podcast, we continue our discussion on the future of the North American Free Trade Agreement. Join Colin in conversation with Lawrence Herman about the future of dispute settlement within the NAFTA framework. Bios: Colin Robertson (host) - A former Canadian diplomat, Colin Robertson is Vice President of the Canadian Global Affairs Institute and a Senior Advisor to Dentons LLP. Lawrence Herman - Chair of the CITT's National Advisory Committee and a member of the Trade Expert Advisory Council of the Canadian Department of International Trade. He is also a Senior Fellow of the C.D. Howe Institute. Find more of his work at www.hermancorp.net Book Recommendations: - Lawrence Herman - "Path Between The Seas: The Creation of the Panama Canal, 1870-1914" - by David McCullough (https://www.amazon.ca/Path-Between-Seas-Creation-1870-1914/dp/0671244094/ref=sr_1_1?ie=UTF8&qid=1503423743&sr=8-1&keywords=the+path+between+the+seas) | "The Fall of France: The Nazi Invasion of 1940" - by Julian Jackson (https://www.amazon.ca/Fall-France-Nazi-Invasion-1940/dp/0192805509/ref=sr_1_1?s=books&ie=UTF8&qid=1503423784&sr=1-1&keywords=The+Fall+of+France) | "The Orange Balloon Dog: Bubbles, Turmoil and Avarice in the Contemporary Art Market" - by Don Thompson (https://www.amazon.ca/Orange-Balloon-Dog-Bubbles-Contemporary/dp/1771621524/ref=sr_1_1?s=books&ie=UTF8&qid=1503423943&sr=1-1&keywords=the+orange+balloon+dog) Related Links: - "A NAFTA Primer for Canadians" - Colin Robertson [CGAI Policy Update] (http://www.cgai.ca/a_nafta_primer_for_canadians) - "Canada's NAFTA Challenge and the Reality of Chapter 19" - Lawrence Herman [C.D. Howe Institute Council Report] (https://cdhowe.org/council-reports/canadas-nafta-challenge-and-reality-chapter-19?platform=hootsuite) - "Remaking NAFTA: Its Origin, Impact and Future" - Eric Miller [CGAI Policy Paper] (http://www.cgai.ca/remaking_nafta_its_origin_impact_and_future) - "What Should Canada's Aims be in Any Renegotiation of NAFTA? (Win)" - Sarah Goldfeder [CGAI Policy Paper] (www.cgai.ca/what_should_canadas…tion_of_nafta#About) - "America First: The Global Trump at Six Months" - Colin Robertson [CGAI Policy Update] (www.cgai.ca/america_first_the_g…trump_at_six_months) - "Managing Trump: The Canadian Response" - Colin Robertson [CGAI Policy Update] (www.cgai.ca/managing_trump_the_canadian_response) Follow the Canadian Global Affairs Institute on Facebook, Twitter (@CAGlobalAffairs), or on Linkedin. Head over to our website at cgai.ca for more commentary. Produced by Jared Maltais. Music credits to Drew Phillips.

International Law in Action
1.2 The History of International Dispute Settlement in The Hague

International Law in Action

Play Episode Listen Later Jun 1, 2016 7:01


International Law in Action
1.3 Diplomatic vs. Judicial International Dispute Settlement

International Law in Action

Play Episode Listen Later May 25, 2016 8:34


LCIL International Law Seminar Series
'20 years on: taking stock of the WTO dispute settlement system and the challenges for the future' by Professor Robert Howse

LCIL International Law Seminar Series

Play Episode Listen Later Nov 27, 2015 33:25


The Lauterpacht Centre for International Law (LCIL), University of Cambridge hosts a regular Friday lunchtime lecture series on key areas of International Law. Previous subjects have included UN peacekeeping operations, the advisory jurisdiction of the International Court of Justice, the crime of aggression, whaling, children and military tribunals, and theories and practices for proving individual responsibility criminal responsibility for genocide and crimes against humanity. This lecture, entitled '20 years on: taking stock of the WTO dispute settlement system and the challenges for the future', was delivered at the Lauterpacht Centre on Friday 20 November 2015 by Professor Robert Howse, NYU School of Law. Please note, the question and answer sections of LCIL lectures are omitted to facilitate a free and frank discussion with participants. For more information about the series, please see the Lauterpacht Centre website at http://www.lcil.cam.ac.uk

2014-2015 School of Law Lecture Series
What is the Role of International Dispute Settlement Findings in Interpreting Domestic Law? A Case Study Based on Trade Laws

2014-2015 School of Law Lecture Series

Play Episode Listen Later Nov 4, 2014 49:10


Public International Law Discussion Group (Part I) & Annual Global Justice Lectures
The effect of investment treaty arbitration on WTO dispute settlement: Tobacco plain packaging disputes and beyond

Public International Law Discussion Group (Part I) & Annual Global Justice Lectures

Play Episode Listen Later May 21, 2014 47:25